March

26, 2018

President and CEO Howard Zemsky
AYCDC Board Members
Empire State Development Corporation
633 Third Avenue
New York City, NY 10017


Dear President Zemsky and AYCDC board members,

Please note that this letter is a modification of our letter dated March 21, 2018. It
has been updated to include the Owner’s Representative contract.

Last March, AYCDC board members refused to renew the Environmental Monitor’s
contract for one year with an option to extend for one year, instead choosing to
renew for one year with instructions for the period to be used to engage the
community about their concerns related to the contract. To our knowledge, no such
outreach has taken place.

We are writing to ask the AYCDC board to create the opportunity for meaningful
review by the public and the AYCDC board of the following three contracts: the
state’s Environmental Monitor HDR, Owner’s Representative STV, and law firm
Bryan Cave.

1). The Owner’s Representative (Owner’s Rep) serves as the ESD’s representative to
monitor construction activities (including MPTs) performed by the developer at the
project site. The Owner’s Rep is on site regularly, perhaps daily.

2). The Environmental Monitor is ESD’s resource to oversee the implementation of
the environmental mitigations required by the project’s agreements. The
Environmental Monitor is on site regularly.

3). According to Project Director Jaiyisimi, Bryan Cave law firm reviews HDR
reports for consistency with the Memorandum of Environmental Commitments.
Brian Cave may at times have joined regular meetings with ESD executives, STV and
HDR, and may also play a role in quarterly reports and other information provided
the AYCDC.





CREATE OPPORTUNITY FOR IMPROVEMENTS

It is our understanding that the contracts for the Owner’s Representative and the
Environmental Monitor will be presented to the AYCDC board for review. We ask
you to renew the relevant contracts for one year with the following conditions:

Resolution:
The contract is to be approved for one year with a new modified contract starting
(June 1, 2019). The ESD will use the following process and goals to modify the RFP
for this new contract.

Process:
Make public all contracts and documents related to the scope of work of the
Environmental Monitor, Owner’s Representative, and the law firm Bryan Cave. All
input that is given as part of this process is to be documented and made available to
the board and the public in writing with the filer identified as much as possible.

1. Within a reasonable timeframe, and with notice and on a schedule designed

to maximize participation, hold a public meeting for input into the RFP.
2. A draft RFP is to be developed and presented to the public at a second public
meeting in order to gather additional comments.
3. The RFP is then to be modified in relation to comments.
4. Any comments are to be responded to and released to the public.
5. Any comments and responses, and the modified RFP, are to be presented to
the AYCDC board for review and approval. The public will have the
opportunity to comment on the agenda item before the AYCDC board’s vote.

Goals:
Our goal is to adjust the project’s oversight from a ten year to a twenty or thirty year
construction project by eliminating any gaps in oversight, improving timely
response and coordination, and increasing project transparency and
accountability. Ongoing construction produces adverse impacts; addressing an
issue as it is unfolding, or resolving a repeating issue takes coordination between all
parties including state and local government as well as the parties that are
impacted. The state should use the period before issuing an RFP to modify its
oversight mechanism relative to the city’s so that any gaps are closed, and direct
interaction with the public is increased.

The RFP should be modified to:

• Adjust the environmental monitor’s scope of work to include problem

sources as identified during the community RFP input process.
 • Create routine engagement between the Environmental Monitor and the
community on and near the project site.
• Lessen the ability of the contractors to anticipate the timing, location and/or
focus of the Environmental Monitor and Owner’s Rep’s visits.
• Ensure site access is provided at the time it is requested by the
Environmental Monitor and Owner’s Rep, and improve reporting, (e.g.
document party, time, location and specific reason for request), so that the
extent they have taken the opportunity to access the site is publicly
documented.
• Improve timely response, and any documentation of the duration of time
from a problem being identified to it being resolved.
• Increase the quality and timing of information to the AYCDC and public.

We believe the job Bryan Cave law firm performs is equally relevant to on the
ground conditions and the successful delivery of mitigations. We ask you to clarify
at this meeting the timeframe of its contract. All relevant contracts should be
reviewed by the AYCDC as soon as is possible in order to identify opportunities for
improvements.

Sincerely yours,

Peter Krashes for

Barclays Center Impact Zone Alliance
www.bciza.wordpress.com

Dean Street Block Association, 6th Avenue to Vanderbilt
https://deanstreet11217.wordpress.com

cc: Governor Andrew Cuomo, Mayor Bill de Blasio, Public Advocate Letitia James,
Brooklyn Borough President Eric Adams, State Senator Velmanette Montgomery,
State Assemblymember Jo Anne Simon, State Assemblymember Walter Mosley, CB8
Chair Nizjoni Granville, City Council Member Laurie Cumbo, CB8 District Manager
Michelle George, CB2 Chair Shirley McRae, CB2 District Manager Robert Perris, CB6
Chairperson Sayar Lonial, CB6 Assistant District Manager Ty Beatty, NYC Mayor’s
CAU Brooklyn Borough Director Daniel Abramson